New York City Debt Collection Defense Attorney

Blog Posts in 2014

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  • Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint
    Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint

    Many out-of-state clients panic upon discovering their bank accounts frozen due to a NY default judgment. Is this legal? In Lease Finance Group, LLC v. Friske, a NY judge held that the separate entity ...

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  • In New York, What Personal Property is Exempt from Creditors?
    In New York, What Personal Property is Exempt from Creditors?

    In New York, the law that governs property exempt from the satisfaction of money judgments is CPLR § 5205. Below is a general list of what personal property is exempt from the reach of your creditors. ...

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  • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss
    Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

    In Plummer v. Atlantic Credit & Finance, Inc., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

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  • Seeking Relief from a Lien or Levy Pending an Appeal (New York)
    Seeking Relief from a Lien or Levy Pending an Appeal (New York)

    Upon an appeal of a money judgment, and upon the purchase of a bond, CPLR § 5204 provides the judgment debtor with potential "suspension" of judgment enforcement, including the cancellation of levies ...

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  • Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?
    Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?

    This blog entry is part of a series that simplifies each section of New York CPLR Article 52, "Enforcement of Money Judgments." There are 53 sections in Article 52. This entry is the 2 nd of 53. For a ...

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  • A Simple List of What Property your Judgment Creditor May Seize (New York)
    A Simple List of What Property your Judgment Creditor May Seize (New York)

    First, what is a "judgment creditor"? A judgment creditor is the person or company that sued you and obtained a money judgment against you. If you've reached this website, your judgment creditor is ...

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